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Memory formula of combined punishment for several crimes
(1) If the criminal law expressly stipulates that one crime is the punishment circumstance of another crime, it is not necessary to combine several crimes.

1. Whoever kidnaps or kills a hostage shall be punished for the crime of kidnapping (Article 239 of the Criminal Law);

2. Whoever abducts and rapes abducted women shall be punished for the crime of abducting and trafficking women (Article 240th of the Criminal Law);

3. Whoever abducts and sells women and forces, lures or shelters the abducted women for prostitution shall be punished for the crime of abducting and selling women (Article 240th);

4. Whoever organizes prostitution and forces, lures or shelters women for prostitution shall be punished for organizing prostitution (Article 358 of the Criminal Law);

5. Whoever forces prostitution with rape shall be punished as forced prostitution (Article 358 of the Criminal Law);

6. Whoever illegally detains the organizer by organizing others to cross the country (border) shall be punished as the crime of organizing others to cross the country (border) (Article 3 18 of the Criminal Law);

7. Whoever organizes or transports others to cross the border illegally and resists the investigation by violence shall be punished as the crime of organizing others to cross the border illegally (Article 32 1 of the Criminal Law);

8. Whoever smuggles, manufactures, sells or transports drugs and resists inspection, detention or arrest with armed cover or violence shall be punished for the crime of smuggling, manufacturing, selling or transporting drugs (Article 347 of the Criminal Law).

(2) The combined punishment for several crimes is not applicable if it is expressly stipulated in the Criminal Law.

1. Whoever steals a credit card and uses another person's credit card shall be punished as theft (Article 196, paragraph 3 of the Criminal Law);

2. If an intermediary organization asks for or illegally accepts other people's property and intentionally provides false documents, it shall be convicted of the crime of providing false documents (Paragraph 2 of Article 229 of the Criminal Law);

3. Postal personnel who open, conceal or destroy mail without permission to steal property shall be convicted of theft and given a heavier punishment (Article 253, paragraph 2);

4. If the perpetrator uses counterfeit money after buying it, which constitutes a crime, he shall be given a heavier punishment for the crime of buying counterfeit money (Article 2 of the Interpretation on Handling Cases of Counterfeiting Currency);

5. Whoever forges money and sells or transports counterfeit money shall be given a heavier punishment for the crime of counterfeiting money (Article 17 1 Paragraph 3).

(3) Legally choose felony punishment.

1. Whoever robs or steals state-owned archives, which constitutes other crimes, shall be punished as a felony (Article 329 of the Criminal Law 1);

2. Selling or transferring state-owned archives without authorization, which constitutes other crimes, shall be punished as a felony (paragraph 2 of Article 329 of the Criminal Law);

3. Whoever commits the crime of accepting bribes, bending the law for selfish ends or bending the law in civil and administrative cases, executes the judgment or ruling on the crime of dereliction of duty, and executes the judgment or ruling on the crime of abuse of power shall be punished as a felony (Paragraph 4 of Article 399 of the Criminal Law);

4. Whoever commits the crime of producing and selling fake and inferior commodities, and at the same time constitutes other crimes such as infringement of intellectual property rights and illegal business operations, shall be punished as a felony (Article 10 of the Interpretation on Handling Cases of Producing and Selling Fake and Inferior Commodities).

5. Fraudulent purchase of foreign exchange for smuggling, or forgery of relevant official documents for fraudulent purchase of foreign exchange: if it constitutes the crime of smuggling, it shall be punished as the crime of smuggling; Those who fail to smuggle shall be punished for the crime of fraudulently purchasing foreign exchange. (Article 1 of the National People's Congress Standing Committee (NPCSC)'s Decision on Foreign Exchange Crimes)

6. Whoever steals a large amount of property by sabotage and destroys a large amount of property shall be punished as theft. (Item 5 of Article 12 of the larceny explanation)

(four) the situation of combined punishment for several crimes:

1. Whoever organizes, leads or participates in a terrorist organization and commits crimes such as murder, explosion and kidnapping shall be punished for several crimes (Article 120, paragraph 2);

2. Those who resist anti-smuggling by means of violence or threats shall be punished by the crime of smuggling and the crime of obstructing official duties (Article 157, paragraph 2);

3. If selling or transporting counterfeit money constitutes a crime and counterfeit money is used at the same time, the crime of selling or transporting counterfeit money and the crime of using counterfeit money shall be punished concurrently (Article 2, paragraph 2, of the Interpretation on Handling Cases of Counterfeiting Currency);

4. Whoever commits the crime of insurance fraud and the applicant and the insured intentionally cause an insurance accident that causes property losses, or the applicant and the beneficiary intentionally cause the death, disability or illness of the insured, and at the same time constitute other crimes, shall be punished for several crimes (Article 198, paragraph 2);

5. After paying the tax, a taxpayer defrauds the state of export tax rebate by false export or other deceptive means, which is regarded as tax evasion; Whoever defrauds more than the tax paid shall be punished as the crime of defrauding export tax refund, as the crime of tax evasion and the crime of defrauding export tax refund (Paragraph 2 of Article 204 of the Criminal Law);

6. Whoever buys or rapes a trafficked woman shall be punished for several crimes (Article 24 1 Paragraph 4 of the Criminal Law);

7. Whoever buys abducted women and children and commits illegal detention, injury or insult shall be punished for several crimes (Article 24 1 4 of the Criminal Law);

8. Whoever steals a motor vehicle for the purpose of committing other crimes shall be punished as theft and other crimes. Stealing a motor vehicle for the purpose of committing other crimes. The stolen motor vehicle is returned to the original place or parked near the original place after using the crime tools. If the vehicle is not lost, it will be given a heavier punishment according to the crime it committed (Article 12 of the Interpretation of Theft Cases);

9. Whoever organizes, leads or participates in an underworld organization, or members of an overseas underworld organization go to China to develop members of the organization, shall be punished for several crimes (Paragraph 3 of Article 294 of the Criminal Law);

10. Whoever organizes others to sneak across the country (border) and transports others to sneak across the country (border) and commits crimes such as killing, injuring, raping, abducting and selling the organized person and the transported person shall be punished for several crimes (Article 3265438 of the Criminal Law+Paragraph 3 of 0);

1 1. Whoever commits bribery by misappropriating public funds, or commits other crimes after misappropriating public funds, shall be punished for several crimes (Article 7 of the Interpretation of the Crime of Misappropriation of Public Funds);

12. Whoever commits the crimes specified in Articles 140 to 148 of the Criminal Law and refuses to investigate and deal with them by violence or threats, which constitutes other crimes, shall be punished for several crimes (Article 1 1 of the Interpretation on Handling Cases of Producing and Selling Fake and Inferior Commodities).